Wednesday, June 8, 2016

An appeal dismissed.

Practice point:  The Appellate Division dismissed the appeal from an order which, following a summary jury trial, denied plaintiff's motion for a mistrial and dismissed the case. Plaintiff's posttrial motion, although framed as a motion for a mistrial based on an inconsistent verdict, in essence sought to set aside the jury's verdict as against the weight of the evidence, and is therefore prohibited by the summary jury trial rules, which the parties agreed to follow.

Student note:  Those same rules prohibit appeals.

Case:  Rodriguez v. Baranek, NY Slip Op 04303 (1st Dep't June 2, 2016)

Here is the decision.

Tomorrow's issue:  The homeowner exemption from liability under the Labor Law.